Madras High CourtWP/20154/2021disposed of

V.Paramasivam v. The Sub Collector

2021-09-22Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2021

CORAM:

THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P. No.20154 of 2021 V.Paramasivam ... Petitioner -Vs1.The Sub Collector, O/o. Sub Collector, Virudachalam, Cuddalore District.

2.The Tahsildar, Veppur Taluk Office, Veppur, Cuddalore District.

3.Asalambal 4.Ramasamy 5.Dharmalingam 6.Athisivam 7.Manikandan 8.Ilavarasan ... Respondents PRAYER: This Petition is filed under Article 226 of the Constitution of India, praying for the issue a Writ of Mandamus, directing the respondents to dispose the appeal filed by the petitioner dated 27.03.2018 with reference No.

Na.Ka.No.A3/294/2017 of the 2nd respondent.

For Petitioner :: Mr.T.Sivagnanasambandan For Respondents-1&2 :: Mr.Yogesh Kannadasan (Government Advocate)

O R D E R

The relief sought for in this writ petition is to direct the respondents 1 & 2 to dispose the appeal filed by the petitioner dated 27.03.2018 with reference No.Na.Ka.No.A3/294/2017 of the 2nd respondent herein. 2.The learned counsel for the petitioner would submit that the petitioner aged about 64 years has filed an on line application vide No.2016/0105/18/0123301 seeking for mutation of Patta in his name for the property in Survey No.107/2 measuring 69 cents. The same was rejected by the Tahsildar on 16.12.2016 without assigning any reasons. Hence, the petitioner filed an appeal before the Sub Collector, Virudachalam on 27.03.2018 against the rejection order dated 16.12.2016 by the Tahsildar, Veppur Taluk, Veppur.

Even though the petitioner has submitted all the relevant documents to prove his ownership and there is no civil dispute pending on the above appeal, or his application or the issue, the Sub Collector/1st respondent herein has not passed any orders so far and the same is kept pending before the 1st respondent without any reasons and orders. Hence, the petitioner is left with no other alternative remedy except to approach this Court by invoking its jurisdiction under Article 226 of Constitution of India seeking for a direction to the 1st respondent to dispose the appeal filed by the him.

3. The learned Government Advocate for the respondents 1 & 2 would submit that the 1st respondent may be directed to pass appropriate orders on the appeal in Ref.No.Na.Ka.No.A3/294/2017 dated 27.03.2018 filed by the petitioner herein within a time frame as fixed by this Court.

4. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 & 2 as well as perused the material available on records.

5. Having considered the fact and circumstances of the case and submissions made by the learned counsel on either side, this Court without expressing any opinion with regard to the merit of the case, directs the 1st respondent to pass appropriate orders on the appeal in Ref.No.Na.Ka.No.A3/297/2017 dated 27.03.2018 in accordance with law within a period of six months from the date of receipt of copy of this order after affording sufficient opportunity to the parties concerned.

6. With the aforesaid directions, the Writ petition is disposed of accordingly. Consequently, connected miscellaneous

petition is closed if any. There shall be no order as to costs. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar Lbm To:

1.The Sub Collector, O/o. Sub Collector, Virudachalam, Cuddalore District.

2.The Tahsildar, Veppur Taluk Office, Veppur, Cuddalore District +1cc to Mr.T.Sivagnanasambandan, Advocate SR.No.48324 +1cc to the Government Pleader SR.No.49507 W.P. No.20154 of 2021 BP(CO) GN(17/12/2021)